Possible Case: Motorola 401(k) / ERISA Stock Fraud
January 22, 2010
Motorola 401(k) / ERISA Stock Fraud
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Possible Case: Motorola 401(k) / ERISA Stock Fraud
Disabled worker can’t recover for mixed-motive firing
January 21, 2010
A disability discrimination plaintiff could not recover damages when the loss of her job was the product of both lawful and unlawful motives, the 7th Circuit has ruled in reversing judgment. The plaintiff sued under the Americans with Disabilities Act (ADA), alleging that the defendant terminated her employment because it regarded her
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Disabled worker can’t recover for mixed-motive firing
Plaintiff can show hostile work environment
January 21, 2010
A plaintiff can show a hostile work environment where both gender-specific and general, indiscriminate vulgarity pervaded the workplace, the en banc 11th Circuit has ruled. The plaintiff was a transportation sales representative and the only female on the sales floor. She frequently heard vulgar and generally offensive language as well as recurrent discussions of
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Plaintiff can show hostile work environment
Court considers standard of ERISA review
January 20, 2010
WASHINGTON – The U.S. Supreme Court is set to decide whether a district court can interpret a retirement plan and craft its own remedy in an ERISA case, or whether it must remand the case back to a plan administrator to interpret the plan. The plaintiffs in Conkright v. Frommert are former Xerox employees who
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Court considers standard of ERISA review
Employee not entitled to leave for faith healing trip
January 20, 2010
An employee couldn’t obtain damages when she was terminated after taking leave to take her ill husband to a faith healing event held overseas, a U.S. District Court in Massachusetts has ruled in granting summary judgment. The plaintiff was fired after she took a seven-week trip to the Philippines. The trip was
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Employee not entitled to leave for faith healing trip
Supreme Court considers labor contract arbitration
January 19, 2010
WASHINGTON – It’s standard operating procedure in most collective bargaining agreements: unions agree to include no-strike provisions as a quid pro quo for management agreeing to arbitrate disputes. But what happens when a dispute arises with a party who is a not a signatory to the agreement? Can that outside party be sued in court for tortious interference, or does the mandatory arbitration clause in the contract still apply?
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Supreme Court considers labor contract arbitration
High Court agrees to hear employment arbitration case
January 19, 2010
The U.S. Supreme Court will decide whether an employer can bring a claim of racial discrimination in federal court when his employment contract contains a mandatory arbitration clause, even where the plaintiff claims the contract is unconscionable. The plaintiff filed a discrimination claim against his employer in U.S. District Court. The employer moved to dismiss and compel
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High Court agrees to hear employment arbitration case
Court takes ERISA attorney fees case
January 19, 2010
The U.S. Supreme Court has agreed to decide whether attorneys for a “prevailing party” under ERISA can be awarded fees after a district court remands a case rather than rendering a judgment on the merits. The plaintiff sought long-term disability benefits from her employer’s insurer after having surgery on her wrists for carpel tunnel syndrome. The
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Court takes ERISA attorney fees case
ERISA plan can recoup Social Security benefits
January 19, 2010
An ERISA plan could sue to recover a retroactive award of Social Security Disability Income benefits that compensated an insured for a period that she received plan disability benefits, the 1st Circuit has ruled in affirming judgment. The insured sued Liberty Life Assurance for violating ERISA by terminating her long term disability
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ERISA plan can recoup Social Security benefits
Possible Case: Stryker Corporation 401(k) / ERISA Stock Fraud
January 19, 2010
Stryker Corporation 401(k) / ERISA Stock Fraud
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Possible Case: Stryker Corporation 401(k) / ERISA Stock Fraud